Terms and Conditions

Last revised: 30th August, 2023

1. Services

DoWhile.AI ("DoWhile", "We", "Us", or "Our") is a product of CollectivAI Inc that helps developers ship code faster by providing contextual answers, code suggestions, and intelligent assistance for software development tasks. Our Services are powered by large language models (LLMs) and other artificial intelligence technologies. These Terms and Conditions ("Terms") govern your access to and use of our websites, applications, APIs, and all related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree with these Terms, you may not access or use our Services.

2. User Obligation

As a user of our Services, you agree to the following obligations:

  • You must be at least 18 years of age to use our Services. By using the Services, you represent and warrant that you are at least 18 years old.
  • You are responsible for safeguarding your account credentials, including your username, password, and any API keys. You must not share your credentials with any third party.
  • You are solely responsible for any third-party software, libraries, or tools that you use in conjunction with our Services, including their licensing, compatibility, and security.
  • You must comply with all applicable usage limits, rate limits, and quotas as specified in your subscription plan or as communicated by DoWhile.
  • You shall not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying technology of our Services.
  • You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
  • You shall not use our Services for any illegal, unlawful, or unauthorized purpose, including but not limited to violating any applicable local, state, national, or international law or regulation.
  • You shall not attempt to gain unauthorized access to our Services, other user accounts, computer systems, or networks connected to our Services through hacking, password mining, or any other means.
  • You shall not use our Services to generate, distribute, or facilitate the creation of malware, viruses, or other malicious code.
  • You shall not use our Services to generate content that is defamatory, obscene, abusive, threatening, harassing, or otherwise objectionable.
  • You shall not use automated means, including bots, crawlers, or scrapers, to access our Services except through our officially provided APIs and in compliance with our rate limits.
  • You shall not sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Services or any content derived from the Services without our prior written consent.
  • You shall not interfere with or disrupt the integrity or performance of our Services, or the data contained therein.
  • You shall not use our Services to infringe upon the intellectual property rights of any third party, including copyrights, trademarks, patents, and trade secrets.
  • You are responsible for ensuring that your use of the outputs generated by our Services complies with all applicable laws, regulations, and third-party rights.
  • You shall promptly notify us of any unauthorized use of your account or any other breach of security that you become aware of.
  • You agree to use our Services in good faith and in a manner consistent with these Terms and any applicable policies, guidelines, or documentation provided by DoWhile.

3. Licence

Subject to your compliance with these Terms, DoWhile grants you a restricted, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use our Services solely for your internal business or personal purposes during the term of your subscription or account.

DoWhile retains all intellectual property rights in and to the Services, including but not limited to all software, algorithms, models, interfaces, documentation, trademarks, logos, and other proprietary materials. Nothing in these Terms shall be construed as granting you any right, title, or interest in or to our intellectual property, except for the limited licence expressly granted herein. All rights not expressly granted to you are reserved by DoWhile and its licensors.

4. Fees and Payments

Our Services are offered on a subscription basis. By subscribing to a paid plan, you agree to pay the applicable fees as described at the time of purchase. Subscriptions are billed on a recurring basis, either monthly or annually, depending on the plan you select.

  • Recurring Billing: Your subscription will automatically renew at the end of each billing period (monthly or annual) unless you cancel your subscription before the renewal date. You authorize us to charge your designated payment method for all recurring fees.
  • Auto-Renewal: All subscriptions are set to auto-renew by default. You may cancel auto-renewal at any time through your account settings or by contacting us. Cancellation will take effect at the end of the current billing period.
  • Non-Refundable: All fees are non-refundable unless otherwise stated in writing by DoWhile. Partial-period refunds are not provided for cancellations made during an active billing period.
  • Dispute Window: If you believe there is an error in your billing or wish to dispute a charge, you must notify us within 3 (three) days of the charge date. Disputes raised after this period may not be eligible for review or resolution.

DoWhile reserves the right to change the fees for our Services at any time. We will provide you with reasonable advance notice of any fee changes. Your continued use of the Services after a fee change takes effect constitutes your agreement to pay the revised fees.

5. Use of DoWhile Chat's Output

You are solely responsible for the use of any output, code suggestions, responses, or other content generated by DoWhile Chat ("Output"). You acknowledge and agree to the following:

  • Output may not be unique. Due to the nature of large language models, similar or identical outputs may be generated for different users who provide similar inputs or prompts.
  • Output may be incorrect, incomplete, or misleading. DoWhile Chat may produce outputs that contain errors, inaccuracies, bugs, security vulnerabilities, or other defects. You should not rely on Output without independent verification.
  • Human review is strongly advised. Before deploying, publishing, or relying on any Output in a production environment, you should conduct thorough human review, testing, and validation to ensure accuracy, security, and compliance with applicable standards and regulations.
  • DoWhile does not guarantee that any Output is free from intellectual property claims of third parties. You are responsible for ensuring that your use of Output does not infringe upon the rights of any third party.

6. Confidentiality

During the course of using our Services, you may receive or have access to confidential information belonging to DoWhile, including but not limited to proprietary technology, business plans, product roadmaps, pricing information, and other non-public information ("Confidential Information"). You agree to the following:

  • You shall not disclose Confidential Information to any third party without the prior written consent of DoWhile.
  • You shall protect Confidential Information with at least the same degree of care that you use to protect your own confidential information, but in no event less than reasonable care.
  • You shall use Confidential Information solely for the purpose of exercising your rights and fulfilling your obligations under these Terms.
  • These confidentiality obligations shall survive the termination or expiration of these Terms.

7. Indemnification

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOWHILE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY.

You agree to indemnify, defend, and hold harmless DoWhile, its parent company CollectivAI Inc, and their respective officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party rights.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOWHILE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE HIGHER OF: (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO DOWHILE DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED US DOLLARS ($100). IN NO EVENT SHALL DOWHILE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

8. Term and Termination

These Terms are effective upon your first use of our Services and remain in effect until terminated. You may terminate your use of our Services at any time by discontinuing use and, if applicable, by cancelling your subscription through your account settings.

DoWhile reserves the right to suspend or terminate your access to the Services at any time, with or without cause, and with or without notice, including but not limited to cases where we reasonably believe that you have violated these Terms or any applicable law or regulation. Upon termination, your right to use the Services will immediately cease, and we may delete your account and associated data in accordance with our data retention policies and applicable law.

Sections of these Terms that by their nature should survive termination (including but not limited to Sections 3, 5, 6, 7, 9, and 11) shall survive any termination or expiration of these Terms.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof shall be settled by binding arbitration in accordance with the rules of the applicable arbitration body in India. The seat of arbitration shall be India. The language of the arbitration shall be English. The decision of the arbitrator shall be final and binding upon both parties.

Before initiating any formal arbitration proceedings, you agree to first attempt to resolve the dispute informally by contacting us. We will attempt to resolve the dispute informally within 60 (sixty) days from the date of your initial contact. If the dispute is not resolved within this period, either party may proceed with binding arbitration as described above.

For all disputes and inquiries, please contact us at: team@collectivai.com

10. Service Availability & Support

Our Services are subject to scheduled and unscheduled maintenance, updates, and interruptions. We will make reasonable efforts to minimize disruptions and to provide advance notice of scheduled maintenance where practicable. However, we do not guarantee that the Services will be available at all times or without interruption. DoWhile shall not be liable for any loss or damage arising from any interruption, suspension, or discontinuation of the Services, whether planned or unplanned.

For support inquiries, technical assistance, and general questions, please contact us at: team@collectivai.com

11. Survival, Severability & Waiver

Survival: Any provisions of these Terms that by their nature are intended to survive termination or expiration, including but not limited to provisions relating to intellectual property, confidentiality, indemnification, limitation of liability, and dispute resolution, shall survive the termination or expiration of these Terms.

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

Waiver: The failure of DoWhile to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and DoWhile's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12. Changes to These Terms

DoWhile reserves the right to modify, update, or replace these Terms at any time at our sole discretion. When we make material changes, we will notify you by posting the updated Terms on our website with a revised "Last revised" date, and where required by applicable law, by sending you a notification via email or through our Services. We encourage you to review these Terms periodically to stay informed of any changes.

Your continued use of our Services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree with the modified Terms, you must discontinue your use of the Services.